Category: Arrest Process · Statute: 8 CFR 287.7 · Source: Florida Legislature
Understanding Immigration Hold (ICE Detainer) in Florida
An immigration hold, officially known as an ICE detainer (Form I-247A), is a federal administrative request issued by U.S. Immigration and Customs Enforcement to local Florida law enforcement agencies. When an individual is arrested and booked into a county jail, their fingerprints are automatically shared with federal databases. If ICE suspects the individual is in the country without legal authorization or is otherwise subject to removal, the agency issues a detainer. This request asks the jail to notify ICE before the inmate is released and to maintain custody of the individual for up to 48 hours beyond their scheduled release date, excluding weekends and holidays, to allow ICE agents time to transfer them to federal custody.
In Florida, compliance with these federal requests is not optional. Under Chapter 908 of the Florida Statutes, state and local government entities, including county sheriffs and jail administrators, are legally mandated to cooperate with federal immigration enforcement. This statute explicitly prohibits "sanctuary policies" and requires local jails to honor ICE detainers. Consequently, even if an inmate's local criminal charges are dismissed, resolved, or they are otherwise eligible for release, Florida jail facilities must legally detain the individual to facilitate the transfer to ICE custody.
How an ICE Detainer Affects Bail and Pretrial Release
An immigration hold drastically alters the pretrial release process. While a defendant with an ICE detainer still retains the constitutional right to have a monetary bail set on their state criminal charges, posting that bail will not result in their release to the community. Instead, paying the bail triggers the 48-hour ICE hold, transferring the individual directly from county jail to federal immigration detention. Families must carefully weigh the financial decision of posting a state bail bond when a federal immigration detainer is active, as the defendant will remain in custody under federal authority.